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1990 Supreme(Bom) 395

G.D.KAMAT
Jitendra R. Deshprabhu and others – Appellant
Versus
Executive Magistrate and another – Respondent


JUDGMENT - G.D. KAMAT, J.:---In this petition under section 482 of the Criminal Procedure Code, 1973, the petitioners are questioning the legality and propriety of the order of the Executive Magistrate, Pernem, dated 1st August, 1990, in Case No. JM/MAG/39/90 and for quashing the proceedings initiated thereunder.

2. By the Order dated 1st August, 1990 issued under section 111 of the Criminal Procedure Code by the Executive Magistrate, the petitioners are directed to attend the Court of the Executive Magistrate on the 9th day of August, 1990, to show cause as to why they should not be required to enter into a bond of Rs.10,000/- each and also give sureties each by a bond of like amount under section 107 of the Criminal Procedure Code to maintain peace for a term of one year. The same order further directs the petitioner in the meantime to enter into a personal bond and to furnish sureties for the same amount as interim measure that they shall maintain peace. It is needless to say that this order is made in case No. JM/MAG/39/90 in proceedings drawn up under chapter VIII of the Criminal Procedure Code.

3. Though the order has been made against four persons, only three of them have com
























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